SEC Files Lawsuit Against Kraken for Commingling Funds and Operating as Unregistered Exchange
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SEC Files Lawsuit Against Kraken for Commingling Funds and Operating as Unregistered Exchange

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Created 5mo ago, last updated 5mo ago

The United States Securities and Exchange Commission (SEC) has taken legal action against Kraken, a cryptocurrency exchange.

SEC Files Lawsuit Against Kraken for Commingling Funds and Operating as Unregistered Exchange

The United States Securities and Exchange Commission (SEC) has taken legal action against Kraken, a cryptocurrency exchange, alleging that it mixed customer funds and operated without proper registration as a securities exchange, broker, dealer, or clearing agency.

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The complaint was filed in a federal court in San Francisco on November 20 and asserts that Kraken has been facilitating the buying and selling of cryptocurrencies in violation of the law since 2018.
This lawsuit is part of the SEC's ongoing efforts, led by Gary Gensler, to assert regulatory authority over the cryptocurrency industry.

According to the SEC, Kraken's internal controls and business practices were inadequate, resulting in the mixing of customer assets worth up to $33 billion with the exchange's own funds. As a consequence, the SEC contends that clients faced a substantial risk of financial loss. Additionally, the complaint alleges that Kraken used customer asset accounts to directly cover operational expenses.

Kraken has strongly refuted the SEC's accusations, expressing its intention to mount a strong defense in court. The exchange argues that the commingling claims made by the SEC simply stem from using fees that were already earned and notes that the regulator has not alleged any missing user funds.

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